01 - application
DESCRIPTION
01 - applicationTRANSCRIPT
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
________________________________________________ ) SECURITIES AND EXCHANGE COMMISSION, ) ) Miscellaneous Business Applicant, ) Docket No. ) v. ) ) CARLOS R. GARZA, ) Respondent. ) ________________________________________________)
APPLICATION FOR ORDER TO SHOW CAUSE AND FOR ORDER TO COMPLY WITH ADMINISTRATIVE SUPBOENA
Respondent Carlos R. Garza (“Garza”) has refused to comply with an
administrative subpoena seeking testimony issued by the staff of the Securities and
Exchange Commission (the “Commission”) in connection with the Commission’s formal
investigation, In the Matter of GAW Miners, LLC, File No. B-02979. The Commission
subpoenaed Garza to testify on Wednesday, August 12, 2015. Garza appeared for
testimony but refused to answer any questions. Garza also failed to produce any
documents requested in the subpoena, including a document he had earlier represented
that he would produce. The Commission therefore respectfully submits this Application
for the Court to issue: (1) an Order to Show Cause why Garza should not comply with the
administrative subpoena directing him to testify before, and produce documents to, the
Commission staff; and (2) an Order compelling Garza to appear for testimony in the
Commission’s Boston Regional Office and to produce all non-privileged documents in
his possession, custody or control responsive to the Commission’s subpoena.
Case 1:15-mc-91258-RGS Document 1 Filed 08/14/15 Page 1 of 2
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In support of this Application, the SEC relies on the Memorandum of Law filed
herewith, as well as the Declarations of Gretchen Lundgren and Kathleen Shields and
their attached Exhibits.
Respectfully submitted,
//s//Kathleen Burdette Shields Kathleen Burdette Shields (BBO# 637438) Gretchen Lundgren (BBO#644742) U.S. SECURITIES AND EXCHANGE COMMISSION 33 Arch Street Boston, Massachusetts 02110-1424 Phone: (617) 573-8904 (Shields) (617) 573-4578 (Lundgren) [email protected], [email protected] Counsel for Applicant Securities and Exchange Commission
Dated: August 14, 2015
Certificate of Service
I, Kathleen Burdette Shields, hereby certify that on August 14, 2015, I caused a true copy of the foregoing document to be served via overnight mail upon the following persons: Carlos R. Garza 136 Hillcrest Terrace Brattleboro, VT 05301 //s//Kathleen Burdette Shields Kathleen Burdette Shields
Case 1:15-mc-91258-RGS Document 1 Filed 08/14/15 Page 2 of 2